Originally posted by FMF
If you believe that we humans cannot be trusted to determine what the penalty for stealing should be, where do you get your notion of a just penalty for stealing from?
Your question veils a faulted self-evident theme.
It assumes those who have a distaste or even indignant repulsion of some named act are fit enough to not only create and enact rules intended to inform public perception of the act, but also to mete out any punishment for trespass.
The biggest obstacle is more in the former than the latter, although they are both problematic.
Smaller matter first.
There exists a hypocrisy in all levels of judgement when the judge lacks integrity--- the extended version, not the one which relies solely on honesty.
No matter what the law, if the person making the decision lacks a fiber consistent with the rules of governance, they also lack the moral authority to pass judgement upon even the clearly guilty.
But it's the law itself (no matter what it is) that poses the most difficult problem here.
It's easy to make rules consistent with my character or lack thereof: these are merely reflective of my internal thought processes.
Creating a law based on what trespasses my nature is short sighted and bereft of objectivity--- and, as you are all aware, I'm a pretty kick-ass guy!
For the act to truly be an affront, an actual trespass, it must stand in defiance to an unchanging, absolute standard.
Hint: this is where God comes in...